United Kingdom Employment Appeal Tribunal

APPEARANCES

 

For the Appellant	MR O READE (of Counsel) Instructed by: Ms G Sage Messrs Simpson Millar Solicitors 101 Borough High Street London Bridge London SE1 1NL


 


LORD JOHNSTON: This is a preliminary hearing in relation to an appeal by Mr John Foley, an employee of the Post Office, who appeals against his dismissal by that employer consequent upon circumstances relating his departure, with leave, from his employment early on a particular day. He apparently entered a Public House, he says in order to make a telephone call to obtain a taxi, to go home to his wife who had instigated the whole process by requiring him to return home because she was not well and this request had been accepted by the management.

The reason for dismissal would appear to be that the management felt that he, the appellant, having been observed in the Public House, at a point beyond what was considered necessary for the purposes of a telephone call, was absent without leave and was therefore guilty of gross misconduct warranting instant dismissal.

Mr Reade advances two grounds of appeal, first of all against the admitted unfairness of the initial investigation into the defence put forward on behalf of the appellant in respect that no investigation was carried out into the allegations. The subsequent appeal hearing which took place was not in itself sufficient to cure the admitted previous unfairness, because it did not wholly re-investigate or investigate for the first time the whole of the basis of the defence.

Secondly he seeks to advance an argument that instant dismissal was beyond the band of reasonable responses demanded of an employer acting reasonably in the context of this case.

We consider that there is substance in both these points sufficient to warrant a full hearing and we shall so order.